Data Privacy and Cybersecurity Risks in M&A Deals: Pre-Planning, Due Diligence, and Risk Allocation Strategies
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide deal attorneys in managing and allocating data privacy and cybersecurity risks in M&A transactions. The panel will discuss best practices for identifying and addressing data privacy and cybersecurity concerns throughout the life of a deal.
Outline
- Key issues to look for in the diligence process, taking into account the risks associated with the target
- Transaction-related data transfers
- Allocating data privacy and cybersecurity risks when drafting and negotiating transaction documents
- Representations and warranties
- Indemnity provisions
- Insurance
- Other contractual measures that can be used to mitigate privacy and cybersecurity risks
- Risks associated with post-closing integration of data and systems.
Benefits
The panel will review these and other key issues:
- What should counsel request from the target company to identify potential data privacy and cybersecurity vulnerabilities early in a transaction?
- How can transaction documents allocate risk through reps and warranties and indemnity provisions or other risk mitigation terms?
- How should transaction-related data transfers (whether pre-signing, pre-closing, or post-closing) be tailored to comply with privacy laws?
Faculty
Alan Brill, CIPP/US
Senior Managing Director
Kroll
Mr. Brill consults with law firms and corporations on investigative issues relating to computers and... | Read More
Mr. Brill consults with law firms and corporations on investigative issues relating to computers and digital technology, including the investigation of computer intrusions, Internet fraud, identity theft, misappropriation of intellectual property, cases of internal fraud, data theft, sabotage and computer security projects designed to prevent such events. He has worked extensively on developing methodologies for collecting evidence from corporate information systems.
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Daniel Ilan
Partner
Cleary Gottlieb Steen & Hamilton
Mr. Ilan’s practice focuses on intellectual property law, as well as cybersecurity and privacy. He has... | Read More
Mr. Ilan’s practice focuses on intellectual property law, as well as cybersecurity and privacy. He has significant experience in representing leading multinational corporations and private equity firms in IP, technology and privacy issues arising in transactional contexts, particularly transactions involving acquisition of or investment in IP, data and various technologies. Mr. Ilan is a frequent author and speaker on IP and cybersecurity topics and has worked extensively on IP in bankruptcy matters.
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